COUNTERING MILITARY RECRUITMENT
Articles: Leaving Military: Conscientious Objector
War Resisters' League International; CO Alert
Friday, July 29, 2005
Update from http://www.bendermandefense.org/
Court-Martial Verdict: Kevin Acquitted of Desertion, Guilty of Missing Deployment to Iraq, Sentenced to 15 Months in Prison, Taken Into Custody
"Soldier Gets 15 Months in Prison for Refusing Iraq Duty," by Russ Bynum (AP), CNN, July 29, 2005. http://www.cnn.com/2005/LAW/07/29/objecting.soldier.ap/
"Sergeant Who Claimed Conscientious Objector Status Goes to Prison," by Sean Harder, Savannah Morning News, July 28, 2005. http://www.savannahnow.com/stories/072805/3190098.shtml
Photos from the Trial at Ft. Stewart, Yahoo! News, July 28, 2005 http://news.search.yahoo.com/search/news?ei=UTF-8&p=kevin%2Bbenderman&c=news_photos
Kevin's Supporters Gather at Ft. Stewart and at Demonstration in California
"Oakland Rally for Iraq War Veteran, Objector Kevin Benderman" by Jeff Paterson, Indybay.org, July 29, 2005, (For more, see CouragetoResist.org)ttp://www.indybay.org/news/2005/07/1756754.php
"Support Kevin Benderman," by Camilo Mejia, Iraq Veterans Against the War, July 25, 2005 http://www.ivaw.net/ (See also, re Camilo Mejia: http://www.freecamilo.org/benderman.htm)
One Soldier’s Fight to Legalize Morality
by Monica Benderman
Hinesville, Georgia, Thursday, July 7, 2005--On July 28, 2005, in a small non-descript courtroom on Ft. Stewart, Georgia, a Court Martial is scheduled to begin. Again. One Army NCO who decided that he had no choice but to make a conscious choice NOT to return to war is being put on trial for caring about humanity.
This soldier fulfilled his commitment, he kept his promise to his enlisted contract, and when ordered to deploy to Iraq at the start of the invasion, he went, not because he wanted to “kill Iraqis” or “destroy terrorist cells,” but because he wanted the soldiers he served with to come home safely.
He returned knowing that war is wrong, the most dehumanizing creation of humanity that exists. He saw war destroy civilians, innocent men, women and children. He saw war destroy homes, relationships and a country. He saw this not only in the country that was invaded, but he saw this happening to the invading country as well – and he knew that the only way to save those soldiers was for people to no longer participate in war. Sgt. Kevin Benderman is a Conscientious Objector to war, and the Army is mad.... http://www.bendermandefense.org/
http://www.accessnorthga.com/news/ap_newfullstory.asp?ID=63297
Army mechanic sentenced to 15 months in prison for avoiding Iraq deployment The Associated Press - FORT STEWART, Ga.... Copyright 2005 The Associated Press. ..................................................................................................................................................................................
Background on Kevin Benderman:
http://www.google.com/custom?q=benderman&sa=Go&cof=T%3Ablack%3BLW%3A370%3BL%3Ahttp%3A%2F%2Fwww.commondreams.org%2Fimages%2Ffrontlogo2.gif%3BLC%0D%0A%3Ablue%3BLH%3A75%3BBGC%3Awhite%3BAH%3Acenter%3BVLC%3Apurple%3BGL%3A0%3BS%3Ahttp%3A%2F%2Fwww.commondreams.org%3BAWFID%3A558a065e2b806dc5%3B&domains=www.commondreams.org&sitesearch=www.commondreams.org
Published on Thursday, July 28, 2005 by the Associated Press
Soldier Who Refused Iraq Duty Faces Charge
by Russ Bynum http://www.commondreams.org/headlines05/0728-08.htm
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CO: Conscientious Objection
co-alert
from war resisters league interntational
conscientious objectors need our support
------------------------------------------------------------------------
US14745-14746-290705
War Resisters' International, London, 29 July 2005
USA: Prison for US Iraq war resisters
Two US conscientious objectors - Kevin Benderman (US14745) and Dale Bartlett (US14746) have been sentenced to imprisonment recently. At the same time, charges against Amy Bartlett, Dale Bartlett's wife, and her mother on "enticing/harboring a deserter" have been dropped on 27 July.
Sgt Kevin Benderman was deployed to Iraq from March to September 2003. In retrospect he writes about his tour of duty in Iraq:
"I have been to the war zone and I have seen the devastation it causes. Why can't everyone agree that war is the most repugnant of all human endeavors? Why is it considered noble to be able to look through the sights of a rifle and kill another human being from 300 meters away? Why are you a hero if you can throw a hand grenade farther than the next guy in the foxhole? Shouldn't these young men and women that are in the army be throwing footballs or baseballs or softballs instead? It would impress me a lot more to see someone make the winning free throw at the basketball game or kick the winning extra point at the football game, or knock in the winning run at the World Series than to see them be able to shoot more humans from 300 hundred meters. I would rather they spend their time at the golf course or the tennis courts or in college, any where but in the war zone trying to survive and having to kill to do it. It just doesn'tt make sense to me."
When ordered to deploy to Iraq again in January 2005, Kevin Benderman refused. "I have both a professional and a moral obligation to call into question why we are still in Iraq after accomplishing the mission “in President Bush's words“ of deposing Saddam, and why U.S. military personnel are increasingly killing non-combatants. On my last deployment in Iraq elements of my unit were instructed by a Captain to fire on children throwing rocks at us," he said. Already on 28 December 2004 he had applied for a discharge as conscientious objector. When his unit deployed to Iraq on 8 January 2005, Kevin Benderman refused to deploy with his unit.
The Army charged him with desertion and a lesser charge of "intentionally missing movement" for not being on the plane when the 3rd Infantry Division deployed to Iraq.
On 28 July 2005, a court martial at Ft Stewart acquitted Kevin Benderman of desertion, but found him guilty of the charge of "missing movement". For this charge, he received an unexpectedly high sentence of 15 month in prison, was reduced in rank to private, and will receive a dishonorable discharge. Military police immediately took Kevin Benderman into custody.
Dave Bartell enlisted in the US Army almost three years ago, and he too had served a tour in Iraq. After joining the Mennonites, he turned into conscientious objector. While his unit was preparing to deploy to Iraq again, Dave Bartell prepared his application for conscientious objection. Bartell went AWOL from 7 March to 8 April 2005, and again on 17 April, the day he thought his unit would be shipped out to Iraq. He met a military defense attorney and turned himself in on 12 May 2005.
Bartell was charged with "intent to avoid hazardous duty", which would amount to desertion. On 12 July, he was sentenced to four month in prison, and a dishonorable discharge. He had plead guilty to being AWOL, but said in his testimony that it had been his intent to protect his conscientious objection claim from being compromised.
In early May 2005, military police served his wife Amy Bartell with a charge of "enticing/harboring a deserter". This charge was finally dropped on 27 July 2005.
War Resisters' International calls for the immediate release of Kevin Benderman and Dave Bartell, and their recognition as conscientious objectors.
War Resisters' International calls for letters of protest to the US authorities, or US embassies abroad. A protest email to US President George W. Bush can be sent at http://wri-irg.org/co/alerts/20050729a.html .
Andreas Speck
War Resisters' International
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CO UPDATE
Produced in cooperation with the Myrtle Solomon Memorial Trust
No 12 / August 2005
The monthly email newsletter of War Resisters' International's The Right to Refuse to Kill programme
Editorial
Welcome to the August issue of the co-update e-newsletter, and it is a bit early.
This issue of co-update goes beyond the narrow definition of conscientious objection - it includes an important court decision regarding selective refusal of orders from Germany, and an unfortunately negative decision regarding war tax resistance from Britain. War Resisters' International itself practices war tax resistance, and will continue to do so after this court decision.
The War Resisters' International Council meeting, which took place in Seoul in South Korea from 30 June to 2 July, passed two resolutions related to conscientious objection:
* a statement on the situation regarding conscientious objection in Finland, and
* a statement on the situation of the imprisoned Turkish CO Mehmet Tarhan.
Both are available on the WRI website, and are not redistributed in this newsletter. Updated information on Mehmet Tarhan is available at http://wri-irg.org/co
/turkcampaign-en.htm.
Andreas Speck
Upcoming events
Globalising Nonviolence, 23-27 July 2006, Germany
* Are you interested in both nonviolence and globalisation?
* Are you campaigning against war?
* Are you involved in nonviolent direct action or curious to learn more?
The War Resisters' International conference Globalising Nonviolence will be a great opportunity to meet activists from all over the world, to get to know what makes them tick, and to see how you can help each make another world possible. Around the world, a movement of movements is converging. This movement seeks to counterpose the perspective and values of people's power to those of global financial institutions, transnational corporations or governments. This is a movement of globalisation from below.
WRI believes that this movement of movements has a major role to play in this globalisation from below. Hence the theme of our upcoming international conference - Globalising Nonviolence.
Conference discussions will:
* Analyse the contemporary situation of economic, cultural and political globalisation. How are capitalist globalisation and militarism related?
* Develop strategies for nonviolent resistance towards the unjust aspects of globalisation. How do we create nonviolent social change?
* Bring together people from the globalisation critical movement and WRI's network of pacifists and anti-militarists for mutual exchange of ideas on nonviolent opportunities for resistance.
* Strengthen networks and create new links between activists from all over the world.
More information at www.globalisingnonviolence.org
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Germany: German soldier wins right to refuse supporting Iraq war
Federal Adminstrative Court upholds freedom of conscience for professional soldier
A major of the German army who refused to take part in the development of a piece of software was acquitted by the Federal Administrative Court of Germany on 21 June 2005. He had claimed that it would be impossible to guarantee that this software would not be used in the war in Iraq (in which Germany does not take part).
In April 2004 major Florian Pfaff, who works in the Armed Forces Administration of the German military, refused to continue to work on the development of military software, as ordered to by his superior. He said that for reasons of conscience he cannot follow any order which could turn into a support for the war on Iraq. His superior was unable to exclude the possibility that the work on the software could amount to a support of German military activity in Iraq - a war, which he views as being in contradiction to internal law.
In connection with this the major also criticised that the members of the German Armed Forces are stationed in Kuwait, that German soldiers participate in AWACS flights, guard US bases in Germany, and that Germany grants landing and overflight rights to the US forces fighting in Iraq - all this he views as support to the war in Iraq, which would be prohibited by the German constitution and by international law.
The military tribunal degraded him from major to captain. Major Pfaff appealed against the decision, as did the military prosecutor.
Now, the Federal Administrative Court ruled that Major Pfaff did not act against military law. Although he did not refuse to serve in the military by applying for conscientious objector status, he still enjoyed freedom of conscience, said the judges.
Source: Bundersverwaltungsgericht Az 2 WD 12.04 - judgement from 21 June 2005
Conscientious objection in Bulgaria - a survey
At a seminar in Plovdiv in Bulgaria, organised by Youth Society for Peace and Development on the Balkans (YSPDB) on behalf of EBCO, YSPDB presented a survey on the situation regarding conscientious objection in Bulgaria. The survey had been done in 2004, and the total sample was 1265 interviewees. Here we present some of the results:
1. Do you know about the possibility to substitute military service with an alternative service, according to Bulgarian legislation and European standards?
Answer % of respondents
No 44.7
Yes 36.2
Subtotal 80.9
No response 19.1
Total 100.0
2. Would you substitute your military service with an alternative service
Answer % of respondents
No 31.1
Yes 30.4
Subtotal 61.4
No response 38.6
Total 100.0
Why would you not substitute your military service?
Answer % of respondents
Military service is the civil duty of every Bulgarian citizen 44.2
I will acquire special kills and knowledge during military service 20.5
I will grow up and become a man 18.8
My family and friends are against it 5.9
Other 16.5
How long should the alternative service be?
Answer % of respondents
As long as military service 21.6
Twice as long as military service 17.6
Other 15.4
Subtotal 54.6
No response 45.4
Total 100.0
The survey clearly showed a lack of knowledge about the situation regarding the right to conscientious objection in Bulgaria. This is emphasized also by the low number of objectors: According to official data, only 66 applications for conscientious objection had been made in 2003/2004, of which 60 had been accepted. 23 conscientious objectors were serving their alternative service at 11 service places.
Source: Conscientious objection as a tool for a European Consciousness. Youth Society for Peace and Development on the Balkans. Presentation at the seminar of the European Bureau for Conscientious Objection in Plovdiv, Bulgaria, 17-19 June 2005.
See also: Refusing to bear arms country report on Bulgaria at http://wri-irg.org/co/rtba/bulgaria.htm.
Britain: Defeat for "Peace Tax Seven"
The Guardian reported on 25 July on the judicial review of the "Peace Tax Seven" to guarantee the right to conscientious objection against military taxation:
'A group of conscientious objectors today lost a high court bid to stop their taxes being put toward military spending.
The "peace tax seven", backed by more than 50 supporters, asked Mr Justice Collins, sitting in London, for permission to seek a judicial review of a continuing government refusal to allow them to opt out.
But the judge dismissed their application and ruled their case was "bound to fail" in the domestic courts.
He said the case would have to be heard by the European court of human rights in Strasbourg.
The seven wanted to seek court orders forcing the Treasury to establish a special fund or account so that their money could be spent only on peaceful purposes.
Michael Fordham, appearing for the seven, argued that the Treasury's continuing refusal to set up such an account violated their rights under article 9 of the European convention on human rights, which protects the right to freedom of thought, conscience and religion.
Rejecting the argument, the judge agreed with Treasury lawyers, who said the European commission of human rights in Strasbourg had already decided the issue against conscientious objectors in cases heard in the 1980s.
The judge said: "I am persuaded that if this matter is to be reconsidered it must be reconsidered by Strasbourg."
But first the legal process had to be exhausted in the domestic courts, and the speediest way to achieve this was for him to refuse the seven leave to seek judicial review.
He added: "I am sure that if I granted leave, in the end this case would be bound to fail."'
Source: The Guardian, 25 July 2005, http://politics.guardian.co.uk/iraq/story/0,12956,1535820,00.html
See also: http://www.peacetaxseven.com/legal.html
Germany: Unemployed as actors in military exercises?
On 27 June, German Minister of Defence Peter Struck came up with a new proposal to fight unemployment, and to "outsource" certain military needs: unemployed can be used as actors in military exercises. He made the suggestion when visiting a German military training base, observing a military exercise: the searching of Kosovars at a checkpoint. In such exercises, up to 400 soldiers of the German military are needed to play "civilians" - a role, for which no military training is needed, and which could easily be filled out by some of the 4.75 million unemployed in Germany.
While the idea lead to quite some protest, it does not even seem to be new. At the military barracks of Hammelburg in Bavaria, it is already practice that the German military asks a temporary employement agency to provide actors for military exercises.
This raises the issue of freedom of conscience for unemployed: would unemployment benefit be stopped, if an unemployed would refuse to take up the role of a civilian in a military exercise for reasons of conscience?
Sources: Sozialverband VdK Deutschland, http://www.vdk.de/de8967
Berliner Zeitung, 29 June 2005, http://www.berlinonline.de/.bin/mark.cgi/berliner-zeitung/politik/461633.html?keywords=Bundeswehr
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